Understanding Kentucky Car Accident Statute of Limitations & Insurance Laws

If you were injured in a car accident in Kentucky, you likely have many questions about how the legal process works. One of the most important is how long you have to file a claim. Kentucky limits the time you have to bring a lawsuit after a car accident, and missing that deadline can permanently prevent you from recovering compensation.

At Portner & Shure, P.A., our motor vehicle accident lawyers represent clients across multiple states, including Kentucky, who have been hurt in serious car accidents. We can help you understand Kentucky’s filing deadlines, how no-fault insurance works, and what steps you should take to protect your rights. Even if your accident happened weeks or months ago, it is important to act quickly to protect your legal options.

What is the Statute of Limitations for a Car Accident in Kentucky?

In Kentucky, the statute of limitations for most car accident injury claims is two years from the date of the accident. This deadline applies to claims seeking compensation for injuries and related losses caused by someone else’s negligence.

If you wait too long, the court will likely dismiss your case, and you will lose the ability to recover compensation. This is why it is important to speak with an attorney as soon as possible after an accident.

Kentucky’s No-Fault Insurance & PIP Benefits

Kentucky is not a no-fault state, which means that the driver who caused the crash is generally responsible for paying damages. However, Kentucky does require certain insurance coverage that can help after a crash.

PIP Benefits

Kentucky requires Personal Injury Protection, or PIP coverage in some cases. PIP benefits are designed to cover immediate medical costs, regardless of who was at fault. These benefits can be especially important if you need urgent care after an accident and are unsure who will pay for treatment.

PIP benefits may help cover:

• Emergency medical expenses
• Hospital bills
• Rehabilitation costs
• Lost wages in certain situations

It is important to understand your policy and how PIP works in your situation, because it can affect your overall claim and how you pursue compensation from the at-fault driver.

Pure Comparative Negligence: What if I was Partially at Fault?

Kentucky follows a pure comparative negligence rule. This means you can still recover compensation even if you were partially at fault for the accident. However, your damages will be reduced by your percentage of fault.

For example, if you were found 20% at fault and your total damages are $50,000, your recovery would be reduced by 20%, leaving $40,000.

Because fault is often disputed in car accident cases, having a lawyer can make a significant difference in how fault is determined and how your damages are calculated.

Important Exceptions to the Filing Deadlines

While the general rule is a two-year deadline, there are important exceptions that can affect how much time you have to file a claim. Exceptions include:

• Minors: If the victim is a minor, the clock does not start until the victim turns 18.
• Wrongful Death: These claims generally must be filed within one year of the appointment of a personal representative, subject to specific caps and rules.
• Government Entities: If the at-fault party was a government vehicle or employee, shorter notice requirements may apply.

These exceptions can be complex, and missing the proper deadline can end your ability to pursue compensation.

Why You Shouldn't Wait to Contact a Lawyer

Waiting to contact a lawyer can harm your case in several ways. Evidence may be lost, witnesses may become harder to locate, and insurance companies may begin building a defense. The sooner you speak with an attorney, the sooner your legal team can preserve evidence, document your injuries, and protect your rights.

Contact a Kentucky Car Accident Lawyer at Portner & Shure, P.A.

If you have been injured in a Kentucky car accident, you do not have to navigate the legal process alone. At Portner & Shure, P.A., we are prepared to help you understand your rights under Kentucky law and pursue the compensation you deserve. We know that a serious crash can affect your health, finances, and ability to work. Our personal injury attorneys work to relieve the legal burden so you can focus on recovery.

When you work with Portner & Shure, P.A., we can help with:

• Reviewing your insurance coverage and identifying available benefits
• Proving defendant was distracted while driving or drunk while driving
• Gathering evidence such as accident reports, medical records, and witness statements
• Determining fault and responding to insurance company tactics
• Calculating the full value of your claim, including future medical costs and lost income
• Filing claims and meeting deadlines to protect your right to compensation
• Negotiating with insurance companies and preparing your case for trial if needed

Contact us today at (410) 995-1515 to schedule your free consultation and get the legal help you need to recover from your Kentucky car accident.